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Acceptable Use Policy

NET-TEK Services Australia (ABN 82 697 368 252)

This is NET-TEK Services Australia's Acceptable Use Policy. It applies to you if you are a NET-TEK Services Australia Customer or User ('you'). It is intended to ensure that your use of NET-TEK Services Australia's service is trouble free and that you have due regard to the law and the needs of other users.

Please look out for any amendments to the Policy that NET-TEK Services Australia ('we') might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

In this policy we use the following definitions:

ACMA

means the Australian Communications and Media Authority.

Mobile Carrier Content Service

is a content service that is controlled by a mobile carrier that is made available to end users in Australia, and hosted on servers within Australia.

Potentially Prohibited Content

means that content that has not been classified by the Classification Board, but, if it were to be classified, there is a substantial likelihood that it would be Prohibited Content.

Prohibited Content

means that content classified as RC or X18+ by the Classification Board or is classified R18+ and is not subject to a restricted access system.

Restricted Content

means content that:

is classified by the Classification Board R18+ (and in the case of Mobile Content MA15+ or R18+); or

that has not been classified but if it were to be classified by the Classification Board there is a substantial likelihood that it would be classified, R18+ (and in the case of Mobile Content MA15+ or R18+).

Spam

means:

commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);

sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and

means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a NET-TEK Services Australia Partner.

1. Some General Principles

1.1 You should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to:

supervising and controlling children's access to internet content;

procedures which parents can implement to control children's access to internet content, including availability, use and appropriate application of internet content filtering software; and

obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following web sites: http://www.iia.net.au; orhttp://www.acma.gov.au

1.2 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service you must comply with any acceptable use conditions which apply to that network.

2. Unacceptable Uses

2.1 You must not use our Services, attempt to use our Services or allow the Services to be used in any way:

Breach of Law

Which results in you or NET-TEK Services Australia breaching, or being involved in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with.

Damage to property or people

Which results, or could result, in damage to property or injury to any person;

To harass, menace or stalk people.

Prohibited Content or Potentially Prohibited Content

To place on the internet, obtain through the internet or transmit using the internet any Prohibited Content or Potentially Prohibited Content.

Content which is (or would be) classified RC or X18+ by the Classification Board includes content that contains:

detailed instruction in crime;

child pornography;

actual sexual activity.

Content which is (or would be) classified R18+ includes content that contains implied or simulated sexual activity.

Restricted Content

To provide content that is likely to be considered unsuitable for minors (even though the content may not be Prohibited Content or Potentially Prohibited Content) without using appropriate warnings and/or labelling systems for that content;

To provide Restricted Content on a Mobile Carrier Content Service to an end user if the end user has not 'opted in' for Restricted Content and without taking reasonable steps to ascertain that the end user is not a minor.

Protection of minors

Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

Discrimination

Which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;

Obscene, defamatory, offensive, abusive

To send, display or be otherwise involved in material which is obscene or defamatory;

Which is, or which would be considered by a reasonable person to be, offensive or abusive;

Illegal business practices and gambling

To engage in any misleading or deceptive business or marketing practice;

The rights of others

Which constitutes a misuse of NET-TEK Services Australia's or any other person's confidential information; or

Which results in a breach by you of any obligation that you owe to any person.

NET-TEK Services Australia's Service

undertake any activity which impedes NET-TEK Services Australia's ability to provide its Service;

make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;

undertake acts that waste resources or prevent other users from receiving the full benefit of our services;

to solicit subscribers to become subscribers of other competitive services.

2.2 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by NET-TEK Services Australia in writing.

3. Spamming

3.1 You must not use our Services, attempt to use our Services or allow our Services to be used:

To send, cause the sending of or otherwise be involved in the sending of Spam;

provide a capability on a NET-TEK Services Australia-hosted site which permits third parties to send Spam from a NET-TEK Services Australia server;

In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to NET-TEK Services Australia or anyone else);

To access or use NET-TEK Services Australia's or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;

3.2 We support increasing awareness of our Customers about Spam and how it can be managed. NET-TEK Services Australia uses spam and virus filters and encourages our customers to use spam and virus filters. You agree to NET-TEK Services Australia's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters. Further information about these products can be found at the web site of the Internet Industry Association at www.iia.net.au.

4. Third Party Complaint Process

4.1 From time to time, NET-TEK Services Australia receives complaints from third parties ('Complaints') regarding unacceptable uses, allegedly being conducted by Customers or their Users. NET-TEK Services Australia will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where NET-TEK Services Australia reasonably believes that it must take urgent action without reference to the Customer.

4.2 If NET-TEK Services Australia is unable to resolve the complaint by working with Customers, NET-TEK Services Australia's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, NET-TEK Services Australia's Customers authorise and direct NET-TEK Services Australia to provide to third party complainants the relevant Customer's email contact details.

4.3 You have a right to complain to the ACMA about content. If you become aware that a web site hosted by NET-TEK Services Australia contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to ACMA by contacting them through their web site at www.acma.gov.au/hotline.

5. What We May Do to Ensure That This Policy is Being Followed

5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our Privacy Policy.

5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:

warn you by email (but we are not obliged to do so);

suspend your access to the Service;

terminate your account without notice; and/or

notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.

5.5 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and

if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).

if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

5.6 You agree that you will have no claim against NET-TEK Services Australia in respect of any action reasonably taken by NET-TEK Services Australia in its implementation of the terms of this Acceptable Use Policy, and you indemnify NET-TEK Services Australia against any claim by a User arising out of the same.